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ABHAY AHUJA
Chandralok (B) Chs. Ltd. – Appellant
Versus
Manish Rajnikant Jaitha – Respondent
| Table of Content |
|---|
| 1. challenge to small causes court decision. (Para 1 , 2) |
| 2. preliminary proceedings and jurisdiction. (Para 3 , 4 , 5 , 6) |
| 3. details of applications and procedural compliance. (Para 10 , 11 , 18 , 19 , 20) |
| 4. arguments on abatement and delay in filing. (Para 14 , 15 , 16 , 17) |
| 5. consideration of substantial justice. (Para 21 , 22 , 28) |
| 6. survival of right to sue after plaintiff's death. (Para 31 , 32 , 33) |
| 7. court’s discretion regarding procedural technicalities. (Para 54 , 57) |
| 8. dismissal of the writ petition and order compliance. (Para 61 , 62) |
JUDGMENT
1. By this Petition, filed under Articl27 of the Consitution of India, the Petitioner is challenging the order dated 30 th August, 2021 passed by the Small Causes Court at Mumbai in R.A.E. Suit No.547 of 2015 (the "said suit") allowing Application impleading Respondents No.2 and 3 as to Plaintiffs to the said suit.
2. Petitioner is a co-operative Society under the Maharashtra Co- operative Societies Act, 1960. One Shri.Krishnakant Chandrakumar Jaitha and Respondent No.1 - Shri.Manish Rajnikant Jaitha being Plaintiffs No.1 and 2 respectively, had filed the said suit against Petitioner Co-operative Society as the Defend
Legal representatives may be impleaded in ongoing litigation when the right to sue survives, with procedural delays considered liberally to facilitate substantial justice.
Delay/Laches/ limitation - Sufficient cause – Meaning of - The expression ‘sufficient cause’ within the meaning of Section 5 of the Act or Order 22 Rule 9 of the Code or any other similar provision s....
The court affirmed the principle that procedural rules should receive liberal construction to ensure justice is served, specifically in applications for condonation of delay and substitution of legal....
Abatement of an appeal under CPC is not automatic upon death if the right to sue survives; presence of a legal representative allows continuation despite procedural delays.
Courts must condone delay in substitution of legal heirs adopting justice-oriented approach over technicalities, enforcing pleader's duty under O.22 R.10A CPC.
No specific order for abatement of proceedings under one or other provisions of Order 22 is envisaged and the abatement takes place on its own force by passage of time.
The main legal point established is that the timely filing of applications under Order XXII Rule 4 and Rule 9 of the CPC is crucial, and delay cannot be condoned without sufficient cause. Negligence ....
The main legal point established in the judgment is the court's power to treat an application under Order 22 Rule 4 of CPC as an application under Order 1 Rule 10 of CPC, allowing for the substitutio....
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